
Effective Date: April 14, 2003
THIS
NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND
DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE
REVIEW IT CAREFULLY.
If
you have any questions about this Notice of Privacy, please contact
our Practice Administrator at (302) 366-1200, extension 262.
This
Notice of Privacy describes how Medical Oncology Hematology Consultants
may use and disclose your health information to carry out treatment,
payment, or healthcare operations and for other purposes that are
permitted by law. This notice also explains your rights to access
and amend your health information and receive an accounting of disclosures
of this information. Your individually identifiable health information
is information that may identify you and that relates to your past,
present, or future physical or mental health or condition; healthcare
services you receive; or payment for your care.
Medical
Oncology Hematology Consultants will create a record of the services
we provide you, and this record will include your health information.
We need to maintain this information to ensure that you receive
quality care and to meet certain legal requirements related to providing
you care. We understand that your health information is personal
and we are committed to protecting your privacy and ensuring that
your medical information is not used inappropriately.
Medical
Oncology Hematology Consultants is required by law to:
- maintain
the confidentiality of your medical information;
- provide
you a Notice of Privacy Practices that outlines our legal duties
for protecting the privacy of your medical information and that
explains your rights to have your medical information protected;
and
- abide
by the terms of the Notice of Privacy Practices.
IMPORTANT
SUMMARY INFORMATION
Requirement
for Acknowledgment of Notice of Privacy Practices. We will ask
you to sign a form that will serve as an acknowledgment that you
have received this Notice of Privacy Practices.
Requirement
for Written Authorization. We will generally obtain your written
authorization before using your health information or sharing it
with others outside our group practice. You may also initiate the
transfer of your records to another person by completing an authorization
form. If you provide us with written authorization, you may revoke
the authorization at any time, except to the extent that we have
already relied upon it. To revoke an authorization, please write
to the Practice Administrator.
Exceptions
to the Above Requirement. There are some situations when we
do not need your written authorization before using your health
information or sharing it with others. They are:
- Exceptions
for Treatment, Payment, and Business Operations. We are allowed
to use and disclose your health information without your consent
to treat your condition, collect payment for that treatment, or
run our practice's normal business operations.
- Exception
to Disclosure to Friends and Family Involved in Your Care.
Unless you have an objection, we may share information about your
health with your family and friends involved in your care. More
information about this exception is provided below.
- Exception
in Emergencies or Public Need.
We may use or disclose your health information in an emergency
or for important public needs. For example, we may share your
information with public health officials who are authorized to
investigate and control the spread of disease. Additional examples
of exceptions are detailed below.
- Exception
if Information Does Not Identify You. We may use or disclose
your health information if we have removed any information that
might reveal who you are.
How
to Access Your Health Information. You generally have the right
to inspect and have copies of your health information. Details about
this right are provided below.
How
to Correct Your Health Information. You have the right to request
that we amend your health information if you believe it is inaccurate
or incomplete. A description of this right is included below.
How
to Keep Track of the Ways Your Health Information has Been Shared
With Others. You have the right to receive a list from us, called
an "accounting list," which provides information about
when and how we have disclosed your health information to outside
persons or organizations. The list will identify non-routine disclosures
of your information, but routine disclosures will not be included.
The list will not include disclosures you have authorized. For more
information about your right to see this list, see below.
How
to Request Additional Privacy Protections. You have the right
to request further restrictions on the way we use your health information
or share it with others. We are not required to agree to the restriction
you request, but if we do, we will be bound by our agreement.
How
to Request More Confidential Communications. You have the right
to request that we contact you in a way that is more confidential
for you, such as at home instead of work. We will try to accommodate
all reasonable requests.
How
Someone May Act on Your Behalf. You have the right to name a
personal representative who may act on your behalf to control the
privacy of your health information. Parents and guardians will generally
have the right to control the privacy of health information about
minors unless the minors are permitted by law to act on their own
behalf.
How
to Obtain a Copy of This Notice. We may change our privacy practices
from time to time. If we do, we will revise this notice so you will
have an accurate summary of our practices. The revised notice will
apply to all of your health information, and we will be required
by law to abide by its terms. Our revised notice will be available
in our waiting room. You will also be able to obtain your own copy
of the revised notice by calling our office at (302) 366-1200, by
asking for one at the time of your next visit, or by accessing our
website at www.cbg.org.
The effective date will always appear at the top of the first page.
How
to File a Complaint. If you believe that your privacy rights
have been violated, you may file a complaint with us or with the
Secretary of the Department of Health and Human Services. To file
a complaint with us, please contact the Practice Administrator at
Medical Oncology Hematology Consultants, 4701 Ogletown-Stanton Road,
Suite 2200, Newark, DE 19713. You will not be retaliated against
in any way for filing a complaint.
WHAT
HEALTH INFORMATION IS PROTECTED
We
are committed to protecting the privacy of information we gather
about you while providing health-related services. Some examples
of protected information are:
- information
about your health condition (such a disease you may have);
- information
about healthcare services you have received or may receive in
the future (such as an operation or specific therapy);
- information
about your healthcare benefits under an insurance plan (such as
whether a prescription or medical test is covered);
- geographic
information (such as where you live or work);
- demographic
information (such as your race, gender, ethnicity, or marital
status);
- unique
numbers that may identify you (such as your social security number
or phone number);
- other
types of information that may identify you.
HOW
WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION WITHOUT YOUR WRITTEN
AUTHORIZATION
Treatment,
Payment, and Normal Business Operations
The
physicians and other clinicians and staff members within our group
practice may use your health information or share it with others
in order to treat your condition, obtain payment for that treatment,
and run the practice's normal business operations. Your health information
may also be shared with affiliated hospitals and healthcare providers
so that they may jointly perform certain payment activities and
business operations along with our practice. Below are further examples
of how your information may be used for treatment, payment, and
healthcare operations.
Treatment.
We may share your health information with doctors and nurses within
our practice who are involved in taking care of you, and they may
in turn use that information to diagnose or treat you. For example,
a doctor within our practice may share your health information with
another doctor within our practice, or with a doctor at another
healthcare institution (such as a hospital), to determine how to
diagnose or treat you. A doctor in our practice may also share your
health information with another doctor to whom you have been referred
for further healthcare. Another example is that a nurse in our practice
may share your health information with a home health agency that
is involved in your care.
Payment.
We may use your health information or share it with others so that
we obtain payment for your healthcare services. For example, we
may share information about you with your health insurance company
in order to obtain redistribute after we have treated you. We may
also share information about you with your health insurance company
to determine whether it will cover your treatment or to obtain necessary
pre-approval before providing you with treatment.
Business
Operations. We may use your health information or share it with
others in order to conduct our normal business operations. For example,
we may use your health information to evaluate the performance of
our physicians and staff in caring for you, to educate our physicians
and staff on how to improve the care they provide for you, and to
provide training for students under supervision. We may ask you
to sign your name to a sign-in sheet at the front desk and we may
call your name in the waiting room when it is time for your appointment.
We may also share your health information with another company that
performs business services for us. If so, we will have a written
agreement to ensure that this company also protects the privacy
of your health information.
Appointment
Reminders, Treatment Alternatives, Benefits and Services. We
may use your health information when we contact you with a reminder
that you have an appointment for treatment or services at our facility.
We may also use your health information in order to recommend possible
treatment alternatives or health-related benefits and services that
may be of interest to you.
Friends
and Family
If
you do not object, we may share your health information with a family
member, relative, or close personal friend who is involved in your
care or payment of your care without your written authorization.
We will always give you an opportunity to object unless there is
insufficient time because of a medical emergency (in which case
we will discuss your preferences with you as soon as the emergency
is over): We will follow your wishes unless we are required by law
to do otherwise. In some cases, we may need to share your health
information with a disaster relief organization that will help notify
these persons.
Emergencies
or Public Need
Emergencies.
We may use or disclose your health information if you need emergency
treatment or if we are required by law to treat you and are unable
to obtain your consent. If this happens, we will try to obtain your
consent as soon as we reasonably can after we treat you.
As
Required by Law. We may use or disclose your health information
if we are required by law to do so. We also will notify you of these
uses and disclosures if notice is required by law.
Communication
Barriers. We may use and disclose your health information if
we are unable to obtain your consent because of substantial communication
barriers, and we believe you would want us to treat you if we could
communicate with you.
Public
Health Activities. We may disclose your health information to
authorized public health officials (or a foreign government agency
collaborating with such officials) so they may carry out their public
health activities. For example, we may share your health information
with government officials that are responsible for controlling disease,
injury, or disability. We may also disclose your health information
to a person who may have been exposed to a communicable disease
or be at risk for contracting or spreading the disease if a law
permits us to do so. And finally, we may release some health information
about you to your employer if your employer hires us to provide
you with a physical exam and we discover that you have a work-related
injury or disease that your employer must know about in order to
comply with employment laws.
Victims
of Abuse, Neglect, or Domestic Violence. We may release your
health information to a public health authority that is authorized
to receive reports of abuse, neglect, or domestic violence. We will
make every effort to obtain your permission before releasing this
information, but in some cases we may be required or authorized
to act without your permission.
Health
Oversight Activities. We may release your health information
to government agencies authorized to conduct audits, investigations,
and inspections of our facility. These government agencies monitor
the operation of the healthcare system, government benefit programs
such as Medicare and Medicaid, and compliance with government regulatory
programs and civil rights laws.
Product
Monitoring, Repair, and Recall. We may disclose your health
information to a person or company that is required by the Food
and Drug Administration to: (1) report or track product defects
or problems; (2) repair, replace, or recall defective or dangerous
products; or (3) monitor the performance of a product after it has
been approved for use by the general public.
Lawsuits
and Disputes. We may disclose your health information if we
are ordered to do so by a court that is handling a lawsuit or other
dispute. We may also disclose your information in response to a
subpoena, discovery request, or other lawful request by someone
else involved in the dispute, but only if efforts have been made
to tell you about the request or to obtain a court order protecting
the information from further disclosure.
Law
Enforcement. We may disclose your health information to law
enforcement officials for the following reasons:
- to
comply with court orders, subpoenas, or laws that we are required
to follow;
- to
assist law enforcement officers with identifying or locating a
suspect, fugitive, witness, or missing person;
- if
you have been the victim of a crime and we determine that: (1)
we have been unable to obtain your consent because of an emergency
or your incapacity; (2) law enforcement officials need this information
immediately to carry out their law enforcement duties; and (3)
in our professional judgment disclosure to these officers is in
your best interests;
- if
we suspect that your death resulted from criminal conduct; or
- if
necessary to report a crime that occurred on our property.
To
Avert a Serious Threat to Health or Safety. We may use your
health information or share it with others when necessary to prevent
a serious threat to your health or safety, or the health or safety
of another person or the public. In such cases, we will only share
your information with someone able to help prevent the threat. We
may also disclose your health information to law enforcement officers
if you tell us that you participated in a violent crime that may
have caused serious physical harm to another person (unless you
admitted that fact while in counseling), or if we determine that
you escaped from lawful custody (such as a prison or mental health
institution).
National
Security and Intelligence Activities or Protective Services.
We may disclose your health information to authorized federal
officials who are conducting national security and intelligence
activities or providing protective services to the President or
other important officials.
Military
and Veterans. If you are in the Armed Forces, we may disclose
health information about you to appropriate military command authorities
for activities they deem necessary to carry out their military mission.
We may also release health information about foreign military personnel
to the appropriate foreign military authorities.
Inmates
and Correctional Institutions. If you are an inmate or you are
detained by a law enforcement officer, we may disclose your health
information to the prison officers or law enforcement officers if
necessary to provide you with health care, or to maintain safety,
security, and good order at the place where you are confined. This
includes sharing information that is necessary to protect the health
and safety of other inmates or persons involved in supervising or
transporting inmates or detainees.
Workers'
Compensation. We may disclose your health information for workers'
compensation or similar programs that provide benefits for work-related
injuries.
Coroners,
Medical Examiners, and Funeral Directors. In the unfortunate
event of your death, we may disclose your health information to
a coroner or medical examiner. This may be necessary, for example,
to determine the cause of death. We may also release this information
to funeral directors as necessary to carry out their duties.
Organ
and Tissue Donation. In the unfortunate event of your death,
we may disclose your health information to organizations that procure
or store organs, eyes, or other tissues so that these organizations
may investigate whether donation or transplantation is possible
under applicable laws.
Research.
In most cases, we will ask for your written authorization before
using your health information or sharing it with others in order
to conduct research. However, under some circumstances, we may use
and disclose your health information without your authorization
if we obtain approval through a special process to ensure that research
without your authorization poses minimal risk to your privacy. Under
no circumstances, however, would we allow researchers to use your
name or identity publicly. We may also release your health information
without your authorization to people who are preparing a future
research project, so long as any information identifying you does
not leave our offices. In the unfortunate event of the your death,
we may share your health information with people who are conducting
research using the information of deceased persons, as long as they
agree not to remove from our offices any information that identifies
you.
YOUR
RIGHTS TO ACCESS AND CONTROL YOUR HEALTH INFORMATION
We
want you to know that you have the following rights to access and
control your health information. These rights are important because
they will help you make sure that the health information we have
about you is accurate. They may also help you control the way we
use your information and share it with others, or the way we communicate
with you about your medical matters.
Right
to Inspect and Copy Records
You
have the right to inspect and obtain a copy of any of your health
information that may be used to make decisions about you and your
treatment for as long as we maintain this information in our records.
This includes medical and billing records. To inspect or obtain
a copy of your health information, please submit your request in
writing to the Practice Administrator. If you request a copy of
the information, we may charge a fee for the costs of copying, mailing,
or other supplies we use to fulfill your request.
We
ordinarily will respond to your request within 30 days. If we need
additional time to respond, we will notify you in writing within
the time frame to explain the reason for the delay and when you
can expect to have a final answer to your request.
Under
certain very limited circumstances, we may deny your request to
inspect or obtain a copy of your health information. If we deny
part or all of your request, we will provide a written denial that
explains our reasons for doing so, and a complete description of
your rights to have that decision reviewed and how you can exercise
those rights. We will also include information on how to file a
complaint about these issues with us or with the Secretary of the
Department of Health and Human Services. If we have reason to deny
only part of your request, we will provide complete access to the
remaining parts after excluding the information we cannot let you
inspect or copy.
Right
to Amend Records
If
you believe the health information we have about you is incorrect
or incomplete, you may ask us to amend the information. You have
the right to request an amendment for as long as the information
is kept in our records. To request an amendment, please write to
the Practice Administrator. Your request should include the reasons
why you think we should make the amendment. Ordinarily, we will
respond to your request within 60 days. If we need additional time
to respond, we will notify you in writing within the time period
to explain the reason for the delay and when you can expect to have
a final answer to your request.
If
we deny part or all of your request, we will provide a written notice
that explains our reasons for doing so. You will have the right
to have certain information related to your requested amendment
included in your records. For example, if you disagree with our
decision, you will have an opportunity to submit a statement explaining
your disagreement, which we will include in your records. We will
also include information on how to file a complaint with us or with
the Secretary of the Department of Health and Human Services. These
procedures will be explained in more detail in any written denial
notice we send you.
Right
to Accounting of Disclosures
After
April 14, 2003, you have the right to request a "accounting
of disclosures" which is a list with information about how
we have shared your information with others. An accounting list,
however, will not include:
- disclosures
we made to you;
- disclosures
you authorized;
- disclosures
we made in order to provide you with treatment, to obtain payment
for that treatment, or to conduct our normal business operations;
- disclosures
made to your friends and family involved in your care;
- disclosures
made to federal officials for national security and intelligence
activities;
- disclosures
about inmates or detainees to correctional institutions or law
enforcement officers; or
- disclosures
made before April 14, 2003.
To
request this list, please write to the Practice Administrator. Your
request must state a time period for the disclosures you want us
to include. Accounting requests may not be made for periods longer
than 6 years. You have the right to one list within every 12-month
period for free. However, we may charge you for the cost of providing
any additional lists in that same 12-month period. We will always
notify you of any cost involved so that you may choose to withdraw
or modify your request before any costs are incurred.
Ordinarily
we will respond to your request for an accounting list within 60
days. if we need additional time to prepare the accounting list
you have requested, we will notify you in writing about the reason
for the delay and the date when you can expect to receive the accounting
list. In rare cases, we may have to delay providing you with the
accounting list without notifying you because a law enforcement
officer or government agency has asked us to do so.
Right
to Request Additional Privacy Protections
You
have the right to request that we further restrict the way we use
and disclose your health information to treat your condition, collect
payment for that treatment, or run our normal business operations.
You may also request that we limit how we disclose information about
you to family or friends involved in your care. For example, you
could request that we not disclose information about a surgery or
therapy that you had. To request restrictions, please write to the
Practice Administrator. Your request should include (1) what information
you want to limit; (2) whether you want to limit how we use the
information, how we share it with others, or both; and (3) to whom
you want the limits to apply.
We
are not required to agree to your request for a restriction, and
in some cases the restriction you request may not be permitted under
law. However, if we do agree, we will be bound by our agreement
unless the information is needed to provide you with emergency treatment
or comply with the law. Once we have agreed to a restriction, you
have the right to revoke the restriction at any time. Under some
circumstances, we will also have right to revoke the restriction
as long as we notify you before doing so; in other cases, we will
need your permission before we can revoke the restriction.
Right
to Request Confidential Communications
You
have the right to request that we communicate with you about your
medical matters in a more confidential way. To request more confidential
communications, please write to the Practice Administrator. We will
not ask you the reason for your request, and we will try to accommodate
all reasonable requests. Please specify in your request how or where
you wish to be contacted, and how payment for your health care will
be handled if we communicate with you through this alternative method
or location. |